Through family-based immigration, U.S. citizens and lawful permanent residents can sponsor relatives for immigration.
If you are married to a U.S. citizen or permanent resident, you may be eligible for a marriage-based green card. Your exact process and timeframe will depend on where you live, your immigration history, and your spouse’s status.
Immediate relatives include the parent, spouse, and minor-child of a U.S. citizen. As an immediate relative, there is no cap on the number that can be issued, so a visa is always available.
Certain family members fall into the “family preference” category. This includes the adult children and siblings of U.S. citizens, and the spouse, unmarried adult children, and minor children of Permanent Residents.
The path to permanent residence depends on where your family member is located and whether a visa number is immediately available.
The process begins by filing a family-based petition with USCIS to establish the qualifying relationship.
Waiting times vary based on these factors.
Immediate relatives of U.S. citizens: A visa is always available.
Family preference categories: Visa availability depends on your relative’s category and country of birth.
If your family member is inside the United States:
If your family member is outside the United States:
The National Visa Center (NVC) will process required documents and schedule an interview at a U.S. consulate when a visa becomes available.
The applicant attends an interview (either with USCIS or at a U.S. consulate).
If approved, the green card is issued.
U.S. citizens may sponsor their spouses, parents, children, and siblings. Lawful permanent residents may sponsor spouses and children.
Yes! You can file for family members inside or outside of the United States. For those outside of the United States, visa processing will occur after the approval of the petition.
The timeframe varies, depending on the family relationship and process.
Some visas are backlogged for several years. Some immediate relatives can will gain permanent residence within two years.
For a majority of family-based petitions, you will start with filing Form I-130 with U.S. Citizenship and Immigration Services, along with supporting documents.
Immediate relatives of U.S. citizens are not subject to annual visa limits, while family preference categories have yearly caps and longer wait times.
Assistance with obtaining lawful permanent residence through marriage to a U.S. citizen or lawful permanent resident.
Guidance for eligible family members applying for a green card from within the United States.
Support for family members completing the immigrant visa process at a U.S. consulate abroad.
Not sure how this applies to your situation? Our team has the knowledge and experience to help. Complete our Immigration Intake form or call our office at 757-422-8472 to schedule a consultation and learn more.
